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Tag Archives: Evidence

In MeadWestVaco Corp. v. Rexam Beauty and Closures, Inc., the Federal Circuit upheld the admissibility of expert testimony that was not fully aligned with the district court’s claim construction. In so doing, the court explained that deviations from the claim construction might impact the infringement determination, but did not render the evidence irrelevant as a … Continue reading this entry Tags: Evidence,Expert Testimony,Infringement,MeadWestVaco,Rexam

On April 18, 2012, the U.S. Supreme Court decided Kappos v. Hyatt, which raised questions regarding the ability to introduce new evidence and the applicable standard of review when a patent applicant challenges the USPTO’s refusal to grant a patent in a district court proceeding under 35 USC § 145 (“Civil Action to Obtain a … Continue reading this entry Tags: Evidence,Hyatt,Kappos,Section 145,Standard Of Review

On June 27, 2011, the Supreme Court granted certiorari in Hyatt v. Kappos. This means that the Court will review the en banc Federal Circuit decision which held that there are virtually no limits on the new evidence that a patent applicant can introduce in a district court action under 35 USC § 145 (“Civil Action to Obtain a Patent”). … Continue reading this entry Tags: District Court,Evidence,Hyatt,Section 145

In an August 11, 2009 panel decision, the Federal Circuit limited the evidence that a patent applicant can introduce against the USPTO in a district court action under 35 USC § 145 (“Civil Action to Obtain a Patent”). The court subsequently agreed to rehear the case en banc, and oral arguments in the en banc … Continue reading this entry Tags: District Court,Evidence,Examination,Section 145